New
vnheard
of
,
and
strange
Articles
.
The
first
Article
.
WHereas
Maximilian
the
Duke
of
Bauaria
,
for
the
establishing
the
state
of
his
Prince-Electorship
,
hath
sought
vnto
the
authority
of
the
Apostolicall
seat
,
thereby
hath
the
Apostolicall
Church
obtained
oportunity
,
to
recouer
their
lost
obedience
in
the
denied
Ecclesiasticall
iurisdiction
.
The
2.
Article
.
SInce
the
Pope
of
Rome
by
meanes
of
the
present
Duke
of
Bauaria
,
as
being
the
most
obedient
sonne
of
the
Church
,
may
obtaine
againe
the
Rights
,
which
for
these
two
hundred
yeares
and
more
,
haue
beene
lost
in
the
constituting
of
certaine
things
,
and
orders
in
the
Empire
belonging
to
the
Church
,
it
will
bee
a
very
small
labour
,
to
plucke
the
possessions
of
the
Church
goods
,
which
depends
vpon
the
Ecclesiasticall
rights
,
out
of
the
hands
of
the
Hereticks
.
The
3.
Article
.
WHereas
the
Duke
of
Bauaria
,
according
to
the
especiall
Oath
,
made
vnto
the
Church
,
hath
an
earnest
desire
,
to
restore
againe
the
Ecclesiasticall
State
,
as
it
was
before
the
time
of
Pope
Gregory
the
eleuenth
,
The
Hereticks
(
who
are
the
temporall
Arme
of
the
Empire
)
shall
be
bound
to
restore
againe
those
goods
which
they
haue
possessed
since
the
passa
wish
trans-action
.
The
4.
Article
.
SInce
that
it
properly
appertaiueth
to
the
Church
to
discerne
and
take
notice
of
the
state
and
order
of
the
Empire
,
therefore
those
Hereticks
which
denie
this
antiquity
,
and
the
rights
of
the
Church
in
the
state
and
order
of
the
Empire
,
which
now
by
the
Duke
of
Bauaria
shall
be
reestablished
in
time
to
come
,
are
not
to
be
tollerated
.
The
5.
Article
.
SInce
that
Pope
Leo
the
third
,
had
that
power
in
respect
of
the
heresie
,
to
cut
off
,
and
seperate
the
Easterne
authority
from
the
Westerne
;
and
to
plucke
that
from
the
Grecians
:
wherefore
shall
not
the
Pope
now
haue
the
same
power
,
to
take
the
Prince
Electorship
from
the
Palsgraue
,
as
being
an
Arch-hereticke
,
and
transport
the
same
vnto
the
Duke
of
Bauaria
,
the
most
obedient
sonne
of
the
Church
.
The
6.
Article
.
SInce
that
the
divulsion
of
the
Easterne
Empire
,
from
the
Westerne
,
which
was
performed
by
the
most
blessed
Pope
,
Leo
the
third
,
hath
continued
so
firme
and
sacred
euen
to
this
very
time
:
that
although
the
Westerne
Empire
hath
often
times
beene
voyd
of
a
possessor
,
was
neuer
as
yet
vnited
vnto
the
Easterne
Empire
,
nor
the
lawes
of
the
one
in
the
Prouinces
of
the
other
were
euer
of
force
:
wherefore
then
shall
not
the
divulsion
of
the
Prince
Electors
dignities
of
the
Palsgraue
that
arch-hereticke
,
be
maintained
vpon
the
most
Catholique
Duke
of
Bauaria
,
in
the
like
sanctity
of
perpetuity
and
stability
,
by
the
Pope
and
the
Holy
league
.
The
7.
Article
.
SInce
that
the
transport
of
the
Empire
from
the
Grecians
vnto
the
French
,
performed
with
such
a
free
arme
,
and
such
an
actiue
power
by
Pope
Leo.
The
Grecian
Emperours
themselues
,
although
they
were
the
strongest
,
durst
neuer
oppugne
the
same
,
nay
haue
many
times
&
often
very
significantly
commended
and
firmely
kept
the
same
,
in
like
manner
the
ability
not
the
opposition
of
the
arch
Heretick
,
the
Saxon
who
is
yet
remaining
,
may
not
hinder
,
much
lesse
make
opposition
to
the
transport
of
the
Prince
Electors
dignity
,
vnto
the
most
Catholique
Duke
of
Bauavia
:
in
regard
that
he
as
being
an
Heretique
,
and
not
knowing
the
sanctity
,
nor
the
antiquity
of
the
rights
originall
of
the
Empire
,
and
ignorant
of
the
lawes
and
priuiledges
thereof
,
may
not
enioy
that
right
.
The
8.
Article
.
WHen
as
Fredericke
the
first
,
according
to
the
will
and
pleasure
of
Pope
Alexander
the
third
,
was
detruded
from
the
Emperiall
seate
,
then
Emanuell
Comnennus
presented
both
men
and
money
vnto
the
Pope
against
Fredericke
,
to
the
end
the
Grecian
Church
might
bee
vnited
to
the
Latines
:
by
which
vndoubtedly
he
confesseth
,
that
to
establish
and
fortifie
the
Popes
cutting
off
,
and
transport
,
and
the
vniting
of
one
Kingdome
with
another
,
was
forbidden
,
all
men
whatsoeuer
,
saue
onely
the
Pope
,
who
had
first
seperated
them
;
so
in
like
manner
these
things
like
as
they
also
be
,
so
is
it
true
that
the
Pope
with
the
Holy
league
,
are
bound
to
employ
all
their
power
against
the
Arch-Hereticke
the
Saxon
,
and
all
those
Rebels
that
depend
vpon
him
:
that
the
Sanctity
of
the
Apostolicall
stoole
,
and
the
Antiquity
of
the
Romish
Empire
in
the
transport
of
the
Prince
Electors
dignity
,
might
be
preserued
and
maintained
.
The
9.
Article
.
AFter
Pope
Leo
haue
other
Popes
also
,
onely
by
the
authority
of
their
Chaire
,
very
often
transported
the
sayde
Westerne
Empire
from
one
Nation
to
another
;
wherefore
then
may
not
the
Pope
by
the
same
authority
of
the
Chaire
of
Rome
,
plucke
the
Prince
Electors
dignities
out
of
the
hands
of
the
Heretickes
,
and
transport
the
same
to
the
Catholique
Princes
,
to
the
end
that
the
sacred
Essence
of
the
Romish
Empire
,
by
the
extirpation
of
Hereticks
be
againe
established
.
The
10.
Article
.
WHereas
in
all
right
,
Pope
Boniface
the
eight
,
vnto
whom
the
supreame
authority
in
the
Church
belonged
,
would
not
admit
that
Albert
the
first
of
that
name
,
Emperour
of
the
Romans
,
by
right
of
inheritance
might
come
to
the
Empire
,
like
as
he
had
sought
both
for
himselfe
and
for
his
posterity
and
successours
,
but
onely
by
election
:
In
like
manner
may
the
Pope
,
the
Emperour
,
and
the
holy
league
,
without
violating
the
Apostolicall
seate
,
which
alwayes
to
be
kept
sacred
in
her
antiquity
,
must
be
defended
,
not
to
suffer
the
Saxon
and
the
Brandenburgher
,
that
they
should
seeke
to
draw
the
authority
of
the
Antiquity
in
the
transport
of
the
Electorship
from
the
Chaire
of
Rome
,
to
bring
the
same
to
the
Colledge
of
the
Prince
Electors
.
The
11.
Article
.
PHilip
King
of
the
Francks
,
sent
Ambassadours
to
Abignon
vnto
Pope
Clemens
the
fifth
:
That
they
very
humbly
should
entreate
him
,
that
hee
would
restore
the
Empire
againe
to
the
French
,
vnder
whom
before
it
had
bin
.
Then
did
the
Pope
send
Ambassadors
vnto
the
Prince
Electors
,
by
whom
hee
commanded
them
,
that
they
should
chuse
Henry
of
Lutzenburgh
Emperour
:
And
that
if
they
did
the
contrary
,
that
they
should
incurre
greate
danger
,
and
should
forfait
the
Empire
,
and
the
right
of
their
Election
vnto
others
for
euer
;
whereupon
they
presently
assembled
,
and
elected
Henry
Emperour
.
From
all
this
very
plainely
appeareth
,
that
the
French
assuredly
knew
,
that
it
was
in
the
Popes
power
to
establish
the
Emperiall
command
in
their
Kingdome
,
and
to
transport
from
the
Germanes
the
Empire
and
the
right
of
the
Election
:
and
therefore
may
the
Pope
according
to
the
plenitude
of
his
power
,
no
longer
vse
conniuence
,
when
as
these
Arch-Hereticks
,
the
Saxon
and
the
Brandenburgher
,
would
throw
downe
into
hell
,
the
antiquity
and
order
of
the
Empire
.
The
12.
Article
.
IT
is
in
the
Popes
hands
,
as
in
all
Histories
appeareth
to
renew
the
Emperour
in
their
Empire
,
to
transport
the
authority
of
one
Nation
vnto
another
,
and
vtterly
to
abolish
the
right
of
Election
:
how
wickedly
and
vngodly
then
doth
the
Saxon
,
in
labouring
to
plucke
the
sayd
power
from
the
Chaire
of
Rome
,
and
to
vnite
the
same
vnto
the
Colledge
of
the
Prince
Electors
?
By
this
meanes
the
Pope
of
Rome
and
the
Emperour
may
expect
,
that
from
this
permission
the
rest
of
the
Arch-Hereticks
,
the
Saxon
and
the
Brandenburgher
,
may
change
the
Essence
of
the
holy
Church
,
and
of
the
Empire
,
into
an
abhominable
and
cursed
monster
.
The
13.
Article
.
SInce
that
Wenceslaus
by
reason
of
his
follies
,
by
the
Prince-Electors
,
was
deposed
from
the
Emperiall
seat
,
and
contrarily
Robert
Palsgraue
of
the
Rhine
,
by
the
commaund
and
authority
of
Pope
Boniface
the
9.
ascended
to
that
high
dignity
.
In
like
manner
also
is
the
Palsgraue
that
Arch-hereticke
,
because
he
had
committed
high
treason
,
and
had
disturbed
the
Common-peace
of
the
Emperour
and
the
Empire
,
detruded
from
his
Prince-Electorship
:
And
contrarily
for
the
recouering
of
the
Antiquity
,
the
Emperour
with
the
sacred
and
true
Prince-Electors
,
as
sonne
obedient
to
the
Church
,
and
diligent
in
maintaining
Antiquity
by
Commission
from
the
Pope
,
hath
promoted
Maximilian
Duke
of
Bauaria
in
all
right
vnto
that
high
degree
of
Prince-Electorship
.
The
14.
Article
.
SO
that
by
the
Authority
of
the
Apostelicall
seate
,
the
power
of
Electing
an
Emperour
,
and
a
Prince
Elector
:
is
drawne
into
the
number
of
seauen
Princes
:
yet
whereas
according
to
the
Concession
of
Gregory
the
5.
it
appertained
vnto
all
the
Princes
of
Germany
:
also
by
the
same
plenitude
of
power
,
it
is
lawfull
for
the
Pope
to
cut
off
the
Dignity
of
the
Prince-electorshippe
,
from
the
Palsgraue
and
his
heires
,
and
to
transport
the
same
vnto
the
Duke
of
Bauaria
.
The
15.
Article
.
THe
plenitude
of
the
power
of
the
Apostolicall
seate
,
is
prooued
by
the
publique
documents
,
as
is
the
Election
of
Rudolph
of
Habsburgh
,
Adolph
,
Henry
the
7
:
Charles
the
4.
Wenceslaus
,
and
Rupertus
,
who
had
no
other
stability
,
but
from
the
grant
and
consent
of
Nicholas
the
third
,
Boniface
the
8.
Clemens
the
5.
Clemens
the
6.
Gregory
the
11.
and
Boniface
the
9.
which
publique
documents
are
kept
with
the
Writings
of
the
Apostolicall
seate
.
The
16.
Article
.
TO
the
end
that
the
Antiquity
of
the
Empire
may
the
better
bee
manifested
,
that
the
Pope
and
the
Church
hath
onely
the
power
to
take
notice
,
discerne
,
and
to
dispose
of
the
affaires
of
the
Empire
:
Therefore
the
Emperour
is
Crowned
with
the
Crowne
by
the
Pope
,
who
therein
hath
the
highest
authority
,
and
this
worke
effected
,
then
is
he
establisht
in
the
Emperiall
seate
:
Therefore
all
Doctors
doe
agree
herein
,
that
hee
that
is
Crowned
by
the
Pope
,
hath
the
power
onely
to
beare
the
title
of
Emperour
and
Augustus
:
To
signe
with
the
signe
of
the
golden
Bull
,
and
to
take
vpon
him
the
administration
of
the
Empire
:
and
when
the
Prince
is
not
crowned
by
the
Pope
,
he
is
rightly
forbidden
to
vse
the
same
.
The
17.
Article
.
AT
what
time
a
great
contention
was
risen
betweene
Charles
the
balde
King
of
the
Francks
,
and
his
brother
Lodowicke
in
the
behalfe
of
the
Empire
.
Then
presently
Charles
posted
vnto
Rome
,
and
so
with
gifts
and
entreaties
obtained
the
Crowne
:
And
therefore
The
18.
Article
.
SInce
that
Fredericke
the
first
,
by
the
Bishop
of
Bamberghen
,
required
the
Crowne
of
the
Empire
from
Pope
Adrian
the
4.
(
where
the
words
vnder-written
are
vsed
and
placed
to
expresse
the
same
sence
)
from
whence
very
plainely
appeareth
,
that
hee
that
receiueth
not
the
Crowne
out
of
the
Popes
hand
,
is
in
very
deede
no
Emperour
.
Therefore
most
holy
Father
,
fulfill
without
any
longer
delay
,
that
which
Maximilion
the
Duke
of
Bauaria
wanteth
in
the
plenitude
of
the
Dignity
of
his
Prince-Electorship
,
that
the
same
may
be
accomplished
by
your
Holinesses
liberality
,
to
the
end
the
Empire
may
bee
reduced
and
brought
into
its
olde
fashion
againe
.
The
19.
Article
.
SInce
that
in
the
disposing
and
ordering
of
the
affaires
of
the
Empire
,
the
Popes
respect
onely
extendeth
so
farre
,
that
it
now
and
then
hath
beene
vexed
,
supprest
,
nay
hath
beene
wholy
and
totally
circumuented
and
defrauded
;
like
as
many
Histories
doe
testifie
,
what
hath
passed
betweene
Pope
Gregory
the
7.
and
the
Emperour
Henry
the
4.
betweene
Pope
Alexander
,
and
the
Emperour
Fredericke
:
the
first
,
between
Pope
Innocent
the
third
,
and
the
Emperour
Ottaman
the
fourth
,
betweene
Pope
Innocent
the
fourth
,
and
the
Emperour
Fredericke
betweene
Pope
Iohn
the
21.
and
the
Emperour
Lodowick
the
4.
betweene
Pope
Boniface
the
9.
and
the
Emperour
Wenceslaus
.
By
the
same
respect
hath
the
Pope
that
vndoubted
right
to
take
notice
of
the
affaires
of
the
Emperour
,
and
to
discerne
thereof
,
and
not
the
Colledge
of
the
prince
Electors
.
The
20.
Article
.
SInce
that
the
power
of
the
Electing
the
Emperour
,
was
not
purchased
for
money
by
the
prince
Electors
,
nor
obtained
by
force
of
Armes
,
nor
enioyed
by
right
of
Inheritance
,
nor
befalne
vnto
them
by
the
hands
of
the
Emperors
,
but
is
descended
from
the
authority
of
the
Apostolicall
seat
:
Therefore
it
is
not
lawfull
for
the
Germane
Arch-hereticks
,
now
at
this
present
to
beleeue
any
otherwise
,
thereby
to
molest
the
Antiquity
and
Sanctity
of
the
Empire
.
The
21.
Article
.
WHen
as
for
a
long
time
the
custome
of
Electing
the
Emperour
had
beene
in
vse
,
according
to
the
constitution
of
Pope
Gregory
the
5.
by
the
Intercession
of
all
the
Chiefest
and
princes
of
Germany
,
and
that
many
troubles
and
deuisions
arose
by
the
great
diuersity
of
voyces
in
their
Election
;
The
Empire
is
at
last
become
to
nought
;
So
that
the
Chiefes
and
Princes
with
one
accord
(
according
to
the
decree
and
approbation
of
the
apostolicall
seat
)
were
agreed
,
that
all
the
power
which
was
graunted
vnto
them
,
all
of
pope
Gregory
the
5.
should
descend
vnto
sixe
Princes
onely
;
viz.
to
three
spirituall
and
three
temporall
,
vnto
whom
afterwards
the
seauenth
was
adioyned
,
and
solemnly
concluded
,
that
of
these
alone
,
without
admitting
any
other
thereunto
(
from
henceforth
the
Emperour
should
be
chosen
)
although
they
were
of
the
like
faculty
,
power
,
and
authority
.
The
22.
Article
.
LIke
as
in
former
time
the
Election
was
performed
by
vertue
of
the
graunt
of
Pope
Gregory
the
fift
.
The
same
shall
now
at
this
present
(
by
the
same
power
proceeding
from
the
good
pleasure
of
the
Popes
transport
)
be
effected
by
the
seauen
.
And
like
as
in
olde
time
,
the
Popes
commanded
all
the
Chiefes
and
Princes
of
Germany
,
that
they
should
chuse
an
Emperour
,
euen
so
at
this
time
when
neede
requireth
,
it
shall
be
lawfull
for
the
Pope
to
commaund
the
seauen
Prince
Electors
,
who
doe
represent
the
Assembly
of
all
the
princes
there
.
And
like
as
the
seauen
Prince
Electors
doe
enioy
a
like
power
that
authority
of
right
,
which
in
olde
time
the
Princes
of
Germany
enioyed
:
in
like
manner
the
Pope
doe
enioy
wholly
that
authority
which
they
had
in
the
time
of
that
Assembly
,
in
regard
that
through
processe
of
yeares
,
or
length
of
time
,
the
vigour
of
the
Church
deminisheth
not
,
nor
the
rights
of
the
Apostolicall
seat
doe
wax
decrepit
:
How
great
then
is
the
ignorance
of
those
Doctors
and
Councellours
of
the
Germane
Arch-heretickes
,
which
neither
know
the
antiquity
nor
the
Rights
:
But
according
to
their
malicious
conceit
,
are
not
ashamed
to
peruert
the
Antiquity
and
Sanctity
of
the
Empire
into
nouelty
,
and
to
bring
order
into
confusion
.
The
23.
Article
.
SInce
then
it
hath
beene
very
amply
proued
,
and
shewed
to
his
Holinesse
,
that
the
power
as
well
of
the
new
as
of
the
olde
Prince
Electors
to
Elect
Emperours
,
hath
beene
obtained
by
no
other
meanes
,
but
from
the
most
high
Apostolicall
seat
,
which
may
be
approued
by
the
Writings
of
the
most
famous
Authors
,
as
Iacob
Winphilingis
,
Krantzius
,
Naucleri
,
Carion
,
Auentine
,
Cuspinianus
,
and
other
Transmontanian
Writings
,
omiting
the
Italian
Doctors
,
because
that
they
in
this
point
of
controuersie
,
might
peraduenture
come
in
suspition
to
be
corrupted
,
and
by
that
meanes
might
be
reiected
,
of
the
Germane
Heretickes
.
Therefore
it
is
,
[
*
](A11771-e12250-b)
*
The
rest
that
should
follow
,
must
be
taken
from
the
former
.
&c.
The
24.
Article
.
SInce
the
seauen
Prince
Electors
,
by
the
publick
proofes
of
writings
,
subscribed
with
their
owne
hands
and
Seales
,
doe
not
deny
that
the
faculty
of
Electing
Emperours
,
is
descended
vnto
them
from
the
Apostolicall
seat
,
&
if
the
ignorant
Councellours
of
Saxon
and
Brandenburgh
,
will
not
beleeue
the
same
,
the
Writings
themselues
shall
be
produced
and
laid
open
before
them
,
which
doe
approue
the
same
,
dated
in
the
yeare
1279.
when
Nicholas
the
third
was
Pope
and
Rudolphus
.
Hubspurgensis
was
Emperour
,
which
are
whole
and
good
,
in
parchment
,
remaining
with
the
Secretarie
of
the
Castle
of
Saint
Angelo
:
where
the
seauen
Prince
Electors
most
of
them
vse
these
wordes
.
The
mother
Church
of
Rome
in
times
past
,
as
with
a
naturall
loue
embracing
Germany
,
hath
as
with
a
present
of
temporall
dignities
honoured
the
same
,
with
that
which
is
aboue
all
names
,
onely
as
temporally
vpon
the
earth
,
planting
Princes
therein
,
as
godly
Trees
,
and
watring
the
same
with
a
singular
grace
,
and
hath
giuen
vnto
them
that
growth
of
worldly
power
;
that
they
being
supported
by
the
authority
of
the
same
Church
,
as
a
choyse
and
famous
plant
,
may
cause
to
spring
or
grow
vp
by
their
Election
,
him
who
hath
the
reynes
of
the
Romane
Empire
in
his
hand
.
Therefore
it
is
,
[
*
](A11771-e12390-b)
*
Here
lacketh
somthing
which
is
to
be
conceiued
out
of
that
which
goeth
before
.
&c.
The
25.
Article
.
THe
seauen
Prince
Electors
must
confesse
to
haue
this
power
from
the
Apostolicall
seat
,
like
as
sufficiently
is
proued
in
the
former
Article
.
And
contrarily
no
man
can
take
away
the
same
;
without
the
authority
and
consent
of
the
same
Apostolicall
seat
.
If
it
be
taken
from
any
,
as
being
robd
therof
,
it
must
not
be
esteemed
as
lawfully
done
,
and
that
dignitie
which
after
that
manner
is
so
taken
from
one
,
and
transported
to
another
without
the
Popes
consent
and
authority
hath
no
vigour
,
in
regard
the
same
is
taken
and
giuen
by
them
,
whom
in
all
right
it
is
forbidden
.
Therefore
if
it
be
bestowed
vpon
any
man
after
this
manner
,
in
processe
of
time
,
taking
the
right
title
,
he
shall
not
keepe
the
same
.
The
26
Article
.
SInce
that
the
transport
of
the
dignities
of
the
Prince-Electorship
vnto
this
present
line
of
Saxon
,
is
not
establisht
by
the
most
holy
Apostolicall
seate
;
Therefore
the
Pope
and
the
Emperour
for
the
dealing
of
the
transport
of
the
Electorship
vnto
the
Duke
of
Bauaria
,
shall
not
once
be
moued
,
but
his
exception
against
the
Transport
,
shall
not
be
esteemed
for
no
exception
:
for
that
which
is
lawfully
done
,
and
simply
is
not
done
,
is
all
one
.
The
27.
Article
.
SInce
that
the
transport
of
the
dignities
of
the
Prince-Electorship
,
is
passed
vnto
Maximilian
Duke
of
Bauaria
,
and
is
confirmed
by
the
most
holy
Father
,
Therefore
it
is
no
longer
in
the
Emperour
,
nor
in
the
King
of
Spaines
power
,
to
place
that
Arch-Heritick
the
Palsgraue
,
or
his
heires
in
that
dignity
and
dominion
,
out
of
which
their
Father
is
cast
,
nor
to
place
him
againe
in
the
Electorship
,
in
regard
that
these
Controuersies
doe
belong
to
the
most
holy
Apostolicall
seat
,
and
neither
to
the
Emperour
,
nor
the
King
of
Spaine
.
The
28.
Article
.
SInce
that
the
Pope
both
confirmed
the
transport
of
the
Electorship
:
so
is
that
demand
(
which
the
King
of
England
,
the
King
of
Denmarke
,
the
Saxon
,
and
the
Brandenburgher
,
of
the
restitution
of
the
Palsgraue
into
his
dignities
and
Electorship
)
which
they
seeke
of
the
Emperor
very
vnreasonable
:
for
the
requiring
thereof
is
nothing
else
,
but
the
detruding
of
the
Apostolicall
seat
(
from
the
right
of
her
Maiestie
,
and
to
attribute
vnto
the
Emperour
the
fundamentall
originall
,
contrary
to
the
antiquity
and
Sanctity
of
the
Church
and
Empire
:
And
therefore
the
holy
Father
shall
be
warie
,
that
from
such
like
conniuence
there
ariseth
not
a
greater
discommodity
to
the
farther
ruine
of
the
Church
.
The
29.
Article
.
TO
the
end
then
that
the
Essence
of
the
Church
may
be
preserued
in
her
Antiquity
and
Sanctity
:
The
most
illustrious
Prelates
,
the
Cardinalls
,
with
one
consent
and
accord
haue
sworne
,
that
the
Holy
Father
hauing
permitted
the
confirmation
,
on
Maximilian
the
Duke
of
Bavaria
:
may
not
reuoke
the
same
without
preiudice
of
the
most
holy
Apostolicall
seat
,
and
are
bound
by
the
lawes
of
God
,
simply
to
maintaine
the
aforesaid
Duke
of
Bauaria
with
one
common
hand
,
with
conioyned
power
of
the
whole
Church
,
and
with
force
of
Armes
,
in
the
dignities
of
the
Prince-Electorship
.
Here
followeth
the
Censure
,
or
Consideration
vpon
the
aforesaid
Articles
.
HEre
are
presented
vnto
vs
29.
Articles
,
from
the
Prelates
of
the
Romish
Church
,
whose
Elegancie
is
not
much
to
be
commended
,
and
doe
tend
to
the
preiudice
of
Germany
:
for
the
better
examination
whereof
,
we
will
course
through
all
the
members
or
particulars
,
and
to
the
end
that
no
man
may
be
bewitched
therewith
,
we
will
administer
vnto
the
simple
an
Antidote
against
this
poyson
.
The
beginning
shall
be
of
the
three
first
Articles
,
wherein
the
Clergy
of
Rome
doe
imagine
vnto
themselues
a
most
excellent
growth
as
well
of
the
Iurisdiction
,
as
of
the
Temporall
goods
.
To
speake
in
order
of
both
these
:
I
say
the
Pope
for
as
much
as
he
is
Pope
,
hath
no
Iurisdiction
at
all
,
but
for
as
much
as
he
is
enriched
by
the
liberality
of
Princes
,
he
hath
also
his
owne
lands
,
and
hath
a
certaine
Iurisdiction
,
which
is
well
to
be
vnderstoode
in
his
owne
lands
:
But
in
the
Empire
where
he
hath
no
place
amongst
the
Princes
of
the
Empire
:
no
Iurisdiction
may
be
allowed
him
,
without
deminishing
of
the
Emperiall
Maiestie
:
Let
no
man
suffer
himselfe
once
to
be
moued
for
that
which
hath
bin
so
long
said
,
that
the
Pope
of
Rome
is
in
the
place
of
Christ
here
vpon
earth
.
Christ
himselfe
denied
that
his
Kingdome
was
of
this
world
.
The
Disciple
is
not
mightier
then
his
Master
,
nor
the
seruant
greater
then
his
Lord
.
What
is
more
euident
and
plaine
,
then
that
which
Christ
himselfe
saith
.
Let
the
Kings
of
the
Nations
beare
rule
,
but
with
you
it
must
not
be
so
:
neither
is
that
firmer
that
they
hope
for
the
victory
,
from
the
triumph
,
and
other
proofes
,
wherewith
they
haue
alwayes
defended
their
cause
,
that
Christ
said
,
All
power
is
giuen
me
in
heauen
and
in
earth
:
Maldonatus
refuteth
this
with
these
words
.
Christ
speaketh
not
here
of
all
power
,
but
of
that
which
he
gaue
to
the
Apostles
:
that
is
of
the
power
to
obtaine
and
gather
together
his
spirituall
Kingdome
,
for
which
businesse
hee
sent
out
the
Apostles
;
like
as
temporall
Princes
are
carefull
of
their
temporall
goods
,
so
are
they
also
of
their
Iurisdictions
.
Here
auaileth
that
which
the
olde
Father
Bernard
wrote
to
Pope
Eugenius
,
in
his
first
booke
of
Obseruations
,
Your
power
is
ouer
offences
or
sinnes
,
and
not
ouer
possessions
.
These
base
and
earthly
things
haue
their
Iudges
,
Kings
and
Princes
of
the
earth
;
wherefore
doest
thou
enter
vpon
other
mens
iurisdictions
?
Wherefore
doest
thou
thrust
thy
Sickle
or
Sythe
into
another
mans
Haruest
?
Moreouer
,
he
saith
in
his
eleuenth
booke
,
Dominion
was
forbiden
the
Apostles
,
darest
thou
then
vse
it
(
A
Lord
)
the
Apostleship
,
or
an
Apostolicall
person
dominion
,
verily
both
these
are
forbiden
you
,
if
you
will
enioy
both
these
at
once
.
Therefore
asketh
Hostiensis
,
what
shall
we
say
of
that
which
concerneth
the
Pope
in
worldly
or
temporall
affaires
?
whereunto
he
maketh
answere
,
with
his
Lord
Innocentius
,
that
vnto
him
,
viz.
the
Pope
,
it
concerned
nothing
at
all
.
The
same
also
may
de
read
by
Iohn
Pariensis
,
in
the
tenth
Chapter
of
the
power
of
Kings
and
Popes
.
This
is
long
agoe
tolde
vnto
them
,
but
they
giue
it
no
audience
,
from
hence
ariseth
the
English
complaint
by
Mathew
Paris
,
where
hee
treateth
of
Henry
the
third
.
That
it
is
sufficiently
knowne
and
found
,
that
the
wrath
of
God
is
falne
vpon
the
Romish
Church
,
because
their
Magistrate
and
Regent
,
doe
not
diligently
apply
themselues
for
the
denotion
of
the
people
,
nor
for
the
gaining
of
soules
;
but
to
purchase
Reuenues
,
and
to
scrape
money
together
.
Other
Nations
vsed
very
grieuously
to
complaine
thereof
,
and
that
with
good
reason
,
especially
Germany
,
whose
Princes
long
agoe
seeking
remedy
hereof
,
were
not
very
acceptable
,
who
could
neuer
satisfie
the
Romish
Clergie
,
with
riches
and
dignities
:
from
this
vnsatiable
gulfe
,
also
ariseth
that
they
in
the
third
Article
,
desire
to
cut
off
the
conditions
for
their
aduantage
,
which
for
the
common
peace
sake
,
were
receiued
aboue
seauenty
yeares
since
at
Passow
.
But
it
is
not
in
the
Popes
power
,
not
in
the
Clergie
,
to
breake
that
which
was
concluded
by
a
generall
Councell
of
the
States
,
where
the
Authority
of
Charles
entertained
.
Heere
followeth
the
Censure
vppon
the
second
part
,
which
extendeth
it selfe
farre
larger
then
the
first
,
in
regard
that
it
not
onely
sheweth
the
Cardinalish
Prince
,
but
that
which
lyeth
next
vnder
.
This
afore-said
part
containeth
20.
Articles
,
in
which
they
with
the
like
proofes
doe
proceede
,
as
yet
seemeth
:
yet
their
obiect
indeede
is
something
else
,
more
then
in
the
former
.
In
which
it
seemeth
to
be
sufficient
to
Michael
Lonigus
:
That
if
the
Duke
of
Bauaria
could
but
be
perswaded
,
that
hee
would
seeke
for
the
consent
of
the
Pope
,
in
those
dignities
where
he
was
honoured
.
In
such
manner
the
chiefest
Cardinals
doe
take
the
reynes
of
good
reason
too
too
long
into
their
hands
;
Nay
,
as
Phacton
vpon
the
Waggon
of
their
Auarice
,
to
the
great
danger
of
the
world
,
and
more
especially
of
Germany
,
doe
ride
out
of
the
common
rout
of
the
Popes
:
like
as
if
it
were
a
matter
of
no
moment
,
to
pronounce
such
an
horrible
sentence
of
the
Transport
of
the
Electorship
of
the
Palsgraue
,
and
the
occasion
thereof
:
whereof
we
will
not
now
dispute
,
and
so
they
fall
aboord
the
Prince-Electors
of
Saxon
and
Brandenburgh
in
the
behalfe
of
the
Rights
of
the
Election
:
what
is
it
else
but
with
the
like
thunderbolt
to
dash
the
heads
of
the
sacred
Empire
?
they
say
they
are
Heretickes
:
It
is
now
no
time
to
enquire
after
heresie
,
but
rather
soundly
to
dispute
,
whether
that
a
Bishop
like
as
hee
hath
right
to
excommunicate
a
man
for
heresie
;
Whether
therefore
hee
hath
the
power
also
to
rob
and
spoile
a
man
of
his
dignities
and
meanes
?
verily
therein
is
great
difference
:
Christ
commaunded
that
the
excommunicated
should
be
counted
as
an
Heathen
or
Publican
:
but
in
no
place
willeth
hee
that
men
should
rob
the
Heathens
or
Publicans
of
their
Authority
,
or
should
spoile
them
of
their
goods
.
Christ
himselfe
paid
Tole
vnto
the
publicanes
,
and
by
his
example
,
hath
shewed
vs
the
way
what
we
should
doe
.
The
Apostles
liued
vnder
Heathenish
Emperours
,
and
were
obedient
to
their
lawes
:
in
like
manner
also
were
all
their
Successors
:
nay
the
Apostles
being
obedient
,
vsed
to
pray
to
God
for
them
:
There
saith
Tertullian
in
his
Analogie
,
in
the
thirtieth
Chapter
,
wee
inuoke
the
eternall
God
for
the
prosperity
of
the
Emperour
,
praying
that
he
may
haue
a
long
life
,
a
peacefull
gouernment
,
an
establisht
habitation
,
strong
Armies
,
faithfull
Councellours
,
and
a
peacefull
world
:
When
Iulian
left
Christianity
,
and
betooke
himselfe
to
Heathenisme
,
did
the
Christians
then
detrude
him
forth
of
his
Empire
?
When
they
heare
of
this
,
then
will
they
contend
with
later
examples
,
saying
,
Wherefore
then
may
not
the
Pope
,
by
the
same
right
for
heresie
,
transport
the
dignity
of
the
Prince-Electorship
vnto
another
,
since
that
Pope
Leo
the
third
,
for
the
same
occasion
transported
Empire
from
the
Grecians
vpon
the
Francks
?
This
is
that
Achilles
which
so
boasts
in
the
Colledge
of
the
Cardinalls
,
but
yet
he
is
not
strong
enough
to
take
in
our
Citie
of
Elium
.
They
abuse
themselues
exceedingly
with
this
example
;
first
from
the
Act
of
the
Pope
,
they
conclude
the
iustnesse
of
the
Act
,
if
we
may
so
driue
our
Arguments
,
there
is
no
Act
of
any
man
,
but
it
may
be
found
fault
withall
:
they
erre
also
herein
,
that
they
affirme
that
to
be
done
,
which
was
neuer
done
.
We
know
it
all
of
vs
,
that
the
Empire
was
transported
,
but
withall
that
it
was
done
by
the
councell
of
Rome
,
as
also
all
Italy
consented
thereunto
,
either
priuatly
or
publikely
.
Of
the
westerne
people
I
will
passe
ouer
in
silence
;
They
say
againe
that
we
haue
many
Writers
,
which
make
repetition
of
that
which
Leo
did
;
who
denieth
that
:
but
they
commend
Leo
,
as
being
one
of
the
chiefest
citizens
,
and
so
had
the
greatest
respect
of
any
man
in
the
Citty
:
they
commend
him
also
as
being
Bishop
of
Rome
,
who
with
his
hands
was
to
set
vp
the
crowne
,
as
being
a
sign
or
representation
of
the
Empire
;
Therefore
these
writers
were
in
no
heresie
,
because
they
meant
that
either
Leo
did
the
same
alone
,
or
else
principally
could
haue
done
it
.
Many
other
who
are
no
lesse
in
number
,
nor
in
respect
then
these
,
doe
relate
vnto
vs
the
cleane
contrary
:
they
say
expresly
,
that
the
same
was
done
and
performed
according
to
the
decree
&
will
,
as
is
aforesaid
of
the
Councell
of
Rome
.
Sigebertussaith
in
the
yeare
801
:
The
Romans
now
,
who
long
agoe
had
withdrawne
their
affections
from
the
Constantinopolitan
Emperour
,
as
then
finding
very
good
opportunitie
,
because
that
a
woman
,
when
the
Emperour
Constantine
was
depriued
of
his
sight
,
gouerned
them
by
his
Son
:
then
proclaimed
they
with
one
accord
the
Emperour
Charles
for
their
Emperour
,
they
crowned
him
by
the
hand
of
Pope
Leo
,
they
stiled
him
Emperour
and
Augustus
.
A
popish
writer
Theodoricus
de
Niem
,
who
afterwards
was
Bishop
of
Verden
,
saith
,
about
the
very
time
of
the
Coronation
the
people
of
Rome
made
a
Law
according
to
the
old
custome
,
but
it
was
very
troublesome
to
recollect
all
things
that
happened
so
often
:
therefore
the
sentence
,
right
and
power
of
the
Empire
,
was
left
vnto
the
Emperour
as
we
finde
it
written
:
then
the
people
of
Rome
transported
all
this
vnto
Charles
,
&
gaue
vnto
him
all
their
right
and
powor
.
Blondus
also
in
his
first
book
,
decad
2
:
and
Aneas
Siluius
,
or
Pius
2.
in
Blondus
his
short
relation
:
also
Iacobus
Wymphelingies
,
in
his
short
relation
of
the
people
of
Rome
,
in
the
xi
.
Chapter
,
doe
affirme
that
the
Coronation
by
Leo
,
was
performed
and
done
with
the
knowledge
,
and
at
the
entreatie
of
the
people
of
Rome
.
These
are
the
wordes
of
Onuphrius
Panuimus
in
fastis
:
Leo
by
the
consent
of
the
people
of
Rome
,
and
at
the
entreatie
of
the
clergie
of
Rome
,
proclameth
Charles
Emperour
.
So
that
from
these
and
others
who
affirme
that
it
was
done
by
the
Councell
,
and
the
people
of
Rome
;
must
those
writers
be
interpreted
,
that
they
doe
not
confirme
,
nor
yet
deny
the
same
?
How
much
more
is
it
to
beleeue
that
which
is
confirmed
by
witnesses
,
which
is
denied
by
none
:
then
not
to
beleeue
those
which
doe
confirme
the
same
,
because
that
all
of
them
do
not
affirme
,
although
there
be
no
body
that
doe
deny
the
same
:
for
after
this
manner
writeth
Michell
Coccimmus
very
well
,
in
his
booke
of
the
transport
of
the
Empire
,
we
must
beleeue
that
the
same
transport
was
performed
,
and
had
his
power
or
operation
from
the
consent
and
authoritie
of
the
Romans
,
and
other
people
of
Italy
.
That
which
Innocentius
the
3.
wrote
vnto
Bartold
Duke
of
Zaringe
,
doth
not
contradict
the
same
:
That
the
apostolicall
seate
of
Rome
,
transported
the
Roman
Empire
vnto
the
person
of
the
famous
Charles
from
the
Grecians
vnto
the
Germanes
,
for
in
this
wee
consent
:
That
the
Apostolicall
seate
vpon
no
other
meaning
did
transport
the
Empire
,
but
that
they
who
did
transport
the
Empire
,
did
consent
thereunto
,
or
else
made
declaration
that
they
should
transport
the
same
.
But
such
a
transport
hath
had
its
power
from
the
vniforme
consent
of
the
people
.
Hence
may
very
plainely
appeare
in
what
maner
the
transport
which
Leo
performed
was
done
,
and
by
this
meanes
that
is
very
easily
ouerthrowne
,
which
they
say
:
That
the
Empire
was
transported
for
Heresie
:
the
occasion
of
the
transport
is
here
formerly
related
out
of
Sigibertus
:
the
true
cause
thereof
was
,
because
the
Emperours
of
the
East
did
neglect
,
or
were
carelesse
of
the
Westerne
Empire
and
authoritie
:
and
so
(
as
is
aforesaid
)
did
let
it
passe
;
this
we
can
confirme
and
approue
with
very
firme
testimony
;
Lupoldus
saith
in
his
fourth
booke
of
the
rights
of
the
authoritie
of
the
Empire
,
in
this
maner
.
The
Grecian
Emperour
in
the
time
of
Carolas
Magnus
,
nay
before
his
time
also
,
viz.
when
his
Father
Pepin
,
and
his
Grandfather
Carolus
Martellus
liued
,
gouerned
onely
with
the
name
of
the
Westerne
Empire
:
so
that
neither
the
Romish
Church
,
nor
the
other
Christian
Congregations
,
nor
those
of
the
Longobardes
,
who
were
contrary
to
all
law
supprest
,
could
either
by
the
Easterne
Emperour
,
nor
by
their
authoritie
obtaine
any
right
in
the
Westerne
Empire
:
so
that
the
aforesaid
Emperours
made
no
account
nor
reckoning
of
the
Westerne
Empire
,
but
held
it
loosely
as
a
derelict
,
onely
commanding
therewith
the
name
,
as
appeareth
in
diuers
Chronicles
;
Of
the
same
opinion
is
Iohannes
Parisiensis
,
in
his
16.
Chapter
,
writing
of
the
Kingly
and
papall
power
.
It
was
not
done
by
the
Pope
onely
,
but
that
it
was
the
peoples
desire
,
who
may
subiect
themselues
to
whom
they
will
,
without
preiudice
to
any
other
:
and
therefore
that
was
done
for
a
necessary
reason
,
for
to
defend
them
against
the
Heathens
and
infidels
,
because
they
could
not
be
defended
by
any
other
:
which
right
they
might
doe
:
for
the
people
make
the
King
,
and
the
Army
the
Emperour
.
Aneas
Syluius
in
his
booke
of
the
rising
,
and
authoritie
of
the
Roman
Empire
,
saith
in
the
9.
Chap.
At
the
last
when
the
Grecians
were
carelesse
of
Rome
,
and
leauing
the
same
to
be
made
a
pray
,
and
to
be
ransacked
one
while
by
the
Barbarians
,
and
also
by
others
:
the
people
of
Rome
,
who
with
their
blood
had
got
such
great
riches
,
who
by
their
valour
had
erected
the
Monarchie
of
the
world
,
saluted
by
the
name
of
Emperour
,
Carolus
Magnus
then
King
of
the
Francks
,
being
a
German
borne
,
who
deliuered
the
Citie
and
the
Holy
place
from
the
inuasion
of
enemies
:
first
greeting
him
with
this
title
,
Patricius
:
and
afterwards
Augustus
:
the
Popes
good
will
and
pleasure
hereunto
concurring
.
Also
saith
Nauelerus
in
his
27.
generat
,
in
the
yeare
800
,
vpon
the
day
of
the
Birth
of
our
Lord
,
good
deliberation
proceeding
:
Leo
the
Pope
of
Rome
,
considering
that
the
Constantinopolitan
Emperours
did
very
carelessely
defend
that
name
,
and
held
the
Westerne
Empire
as
lost
:
he
declared
,
with
the
consent
of
the
people
of
Rome
,
Charles
Emperour
of
the
Romans
,
and
crowned
him
with
the
Crowne
;
when
the
commonaltie
of
the
Romans
three
times
cried
out
aloude
,
Carolo
Augusto
,
&c.
Paulus
Aemilius
in
his
Historie
of
the
Francks
,
saith
thus
:
The
Maiestie
of
the
Emperours
was
now
at
this
time
,
and
before
very
slight
;
and
there
after
he
saith
:
the
principallest
of
the
Romans
being
of
another
courage
and
audacitie
,
gaue
their
voyces
,
that
the
seate
of
the
Empire
being
(
as
it
were
voyde
)
and
possessed
of
none
:
as
if
it
had
beene
Gods
will
,
and
had
beene
so
ordained
:
should
be
inuested
with
the
King
of
the
Francks
,
because
that
he
by
his
seruice
which
he
had
done
for
the
Church
,
had
well
deserued
the
same
:
and
that
they
were
obligde
and
bound
to
him
,
&c.
Michaell
Coccimus
speaketh
yet
more
plaine
concerning
the
transport
of
the
Empire
,
saying
:
When
the
Romans
,
and
almost
all
the
people
of
Italy
by
processe
of
time
,
and
the
Inuasion
of
many
Nations
and
pillagings
,
as
being
subiect
to
the
Gothes
,
Vice-Gothes
,
Humes
,
and
Longbardes
,
and
being
not
able
with
their
owne
forces
to
defend
themselues
,
and
the
Grecians
taking
no
care
at
all
of
them
for
the
performance
therof
:
nay
that
which
is
more
,
they
themselues
heaping
euill
vpon
euill
,
and
vsing
all
diligence
to
suppresse
and
spoile
them
,
vsing
to
great
auariciousnesse
and
desire
of
authoritie
ouer
them
;
they
marking
the
excessiue
couetousnesse
of
the
Grecians
,
and
also
their
carelesnesse
:
obseruing
also
the
worthinesse
,
capacitie
,
and
equitie
of
the
Germanes
:
they
transported
the
Empire
from
the
Grecians
vnto
the
Germanes
,
and
recommended
the
same
to
Carolus
Magnus
;
This
transport
of
the
Empire
being
effected
by
the
Romans
,
and
other
people
of
Italy
,
and
that
with
the
common
consent
and
authoritie
of
them
all
,
out
of
all
doubt
had
full
power
,
and
hath
remained
firme
.
Hence
appeareth
plaine
enough
,
that
they
are
either
fooles
,
or
else
are
much
deceiued
,
which
thinke
that
the
Empire
was
transported
to
the
Francks
for
heresie
.
This
also
is
worthy
consideration
,
that
although
the
Easterne
Empire
was
transported
by
Pope
Leo
to
the
Westerne
,
that
the
Pope
hath
now
the
same
right
to
remoue
the
Empire
according
to
his
will
.
In
olde
time
it
was
otherwise
then
it
is
now
.
Let
vs
grant
that
the
Pope
of
Rome
had
some
right
,
as
the
best
qualified
citizen
of
the
citie
;
nay
that
the
City
(
which
neuer
yet
was
done
)
had
transported
all
her
power
vnto
him
,
what
doth
that
concerne
these
our
present
times
,
since
that
the
Pope
hath
driuen
the
Emperour
out
of
the
dominion
of
the
Citie
.
After
what
manner
(
say
I
)
hereafter
shall
either
Rome
it selfe
,
or
the
Pope
of
Rome
pretend
any
right
in
the
electing
of
an
Emperour
,
since
they
doe
not
acknowledge
the
Emperour
for
their
Lord
;
yea
since
it
is
acknowledged
that
the
prince
Electors
are
to
be
ordained
by
the
consent
and
voices
of
the
States
,
and
this
is
by
the
approbation
of
Gregory
the
5
;
hath
not
the
Pope
lost
his
right
when
he
consented
hereunto
?
so
that
hereby
that
authoritie
which
the
Pope
ascribeth
to
himselfe
is
quite
ouerthrowne
.
What
a
number
of
proofes
might
be
produced
against
this
power
of
the
Pope
?
yea
also
the
testimonie
of
principall
personages
,
who
by
reason
of
their
learning
,
are
exceeding
famous
.
Here
followeth
the
third
part
,
which
falleth
very
grieuously
both
with
tooth
and
naile
vpon
the
bodies
of
all
those
that
dislike
the
sentence
of
the
Pope
,
and
that
consisteth
in
the
three
last
Articles
.
And
first
that
is
touched
which
concerneth
the
election
,
that
is
,
the
right
of
voice
is
taken
from
the
Prince
Elector
the
Duke
of
Saxon
;
vnder
this
pretext
,
because
forsooth
the
Pope
of
Rome
hath
not
confirmed
that
dignitie
wherwith
that
family
for
these
many
yeares
hath
been
invested
,
nor
is
it
confirmed
by
the
Pope
:
as
if
that
illustrious
Family
had
not
been
so
wise
,
as
neuer
to
haue
required
the
same
of
the
Pope
.
It
is
but
too
well
knowne
vnto
them
,
that
they
whom
the
Hope
glorieth
to
haue
honoured
with
the
name
of
Empire
or
Authoritie
,
that
hee
taketh
away
from
them
the
maiestie
of
authoritie
:
so
that
his
investing
may
well
be
called
disrobing
,
and
his
crowning
a
dethroning
or
deposing
.
For
I
pray
you
,
of
what
consequence
is
the
confirmation
of
the
Pope
vnto
those
whom
he
driues
into
a
bodily
feare
,
if
he
had
no
temporall
power
?
It
is
such
as
Origen
long
ago
vnderstood
to
be
;
which
he
taught
,
as
appeareth
by
his
writings
vpon
Mathew
,
on
his
twelfth
Homily
:
Among
you
which
are
mine
,
these
things
shall
not
be
;
to
the
end
that
those
which
haue
any
power
in
the
Church
,
doe
not
seeme
to
domineere
ouer
their
brethren
,
nor
to
vse
any
authoritie
.
For
like
as
a
necessitie
is
imposed
vpon
temporall
matters
,
and
not
left
to
the
will
;
and
spirituall
matters
in
will
,
and
not
in
necessity
:
so
shall
the
dominion
of
spirituall
Princes
be
confirmed
in
loue
,
and
not
in
bodily
feare
.
If
therefore
the
power
of
the
prince
Electors
be
from
the
Pope
,
because
that
the
Emperiall
power
is
from
him
,
as
our
adversaries
affirme
:
how
can
they
proue
that
the
dignitie
of
the
prince
Elector
must
proceed
from
the
Pope
,
if
it
be
not
needfull
that
the
Emperour
be
confirmed
by
the
Pope
?
There
is
a
text
that
saith
,
The
Army
maketh
an
Emperour
.
The
Glosse
saith
thereby
,
He
is
a
right
Emperour
before
he
be
confirmed
by
the
Pope
.
This
they
of
Basil
vnderstood
very
well
;
who
after
the
death
of
Lodowicke
,
where
the
Lord
of
Bambergher
chiefe
President
made
this
answer
:
That
Emperour
which
the
prince
Electors
shall
ordaine
for
vs
,
him
will
we
accept
of
,
although
he
haue
no
respect
vnto
the
Pope
.
This
appeareth
in
supplemento
Vrspergensi
.
Nay
that
which
is
more
;
the
Pope
himselfe
confesseth
,
that
not
the
Empire
it selfe
,
but
the
Emperiall
title
rested
onely
in
him
.
Pope
Adrian
the
fourth
,
in
his
Epistle
to
the
Archbishop
of
Ments
,
Tryer
and
Cullen
,
saith
:
The
name
of
the
Emperour
is
from
the
Pope
,
but
the
Empire
and
Authoritie
cometh
from
the
prince
Electors
.
Hence
then
is
confuted
that
which
is
said
in
the
27.
Article
,
since
that
the
Pope
hath
confirmed
the
Duke
of
Bavaria
in
the
dignitie
of
prince
Elector
,
that
then
not
onely
the
King
of
Spaine
(
who
is
there
mentioned
)
but
also
the
Emperour
is
bereaued
of
the
power
to
restore
againe
vnto
the
Palsgraue
his
hereditary
possessions
and
the
dignitie
of
the
prince
electorship
.
For
if
the
Pope
hath
no
power
in
the
affaires
of
the
Empire
,
then
shall
the
Emperour
by
his
doings
not
lose
his
right
,
much
lesse
any
other
Prince
,
if
he
before
the
Popes
deed
had
any
right
of
suffrage
.
I
am
forced
to
stop
my
eares
by
the
reason
of
that
extreame
proud
and
ambitious
affront
which
is
set
downe
in
the
28
Article
:
That
although
the
two
most
puissant
Kings
of
Great
Brittaine
and
Denmarke
,
or
the
two
illustrous
prince
Electors
of
Saxon
and
Brandenburgh
should
require
of
the
Emperour
that
the
Palsgraue
of
the
Rhine
might
be
restored
againe
vnto
his
hereditary
possessions
and
dignitie
of
prince
Elector
,
that
they
then
robbed
the
Seate
of
Rome
of
the
right
of
its
maiestie
,
and
did
attribute
the
power
of
the
prince
Electors
dignitie
vnto
the
Emperour
.
The
Pope
of
Rome
doth
very
falsly
attribute
that
Maiesty
vnto
himselfe
,
which
appertaineth
to
the
Emperour
,
and
to
the
Princes
of
the
Empire
and
the
States
.
Very
falsly
is
the
Pope
of
Rome
called
here
,
the
Fountaine
and
Sourse
of
the
prince
Electors
dignities
,
because
that
power
is
sprung
out
of
the
Councell
of
the
Germaine
Princes
.
Like
as
Naucleius
saith
,
Generat
.
34.
The
writer
Theodoricus
Niemus
vseth
these
words
:
The
Princes
of
Germanie
haue
ordained
it
so
.
The
very
same
also
do
other
writers
affirme
.
Neither
do
I
deny
that
it
was
with
the
approbation
of
Pope
Gregory
the
5.
Therefore
the
temporall
dignitie
is
not
chiefely
from
the
Pope
,
for
not
the
Pope
,
but
the
princes
of
the
Empire
doe
represent
the
whole
body
and
people
of
the
Empire
,
in
whom
immediatly
,
as
in
the
subiect
the
temporall
power
consisteth
.
Nicholas
Cusanus
in
his
third
booke
of
the
catholicke
concordance
,
in
the
4.
Chap.
In
my
iudgement
iudgeth
very
well
thereof
,
writing
in
this
maner
,
saith
:
The
prince
Electors
,
who
elected
in
the
place
of
others
,
were
(
in
the
time
of
Pope
Gregory
the
5
,
being
a
Germaine
)
ordained
of
the
naturall
kindred
of
Otho
and
therefore
it
is
not
tollerable
that
the
prince
Electors
should
haue
their
power
of
electing
from
the
Pope
of
Rome
;
(
so
that
now
,
vnlesse
he
consented
these
should
not
haue
it
:
or
if
he
would
,
that
he
would
take
it
from
them
.
)
I
aske
,
who
hath
giuen
the
people
of
Rome
power
to
elect
an
Emperour
,
but
the
Law
of
God
and
nature
;
for
by
way
of
a
voluntary
subiection
,
and
consent
in
predecedencie
,
all
sorts
of
gouernments
are
well
and
holy
instituted
:
and
afterwards
there
he
setteth
downe
yet
something
else
;
the
prince
Electors
that
were
constituted
by
the
generall
vniformitie
of
voices
,
of
all
Germaines
and
others
belonging
to
the
Empire
:
in
the
time
of
Henry
the
2.
had
their
fundamentall
power
from
the
generall
consent
of
voices
of
all
,
who
by
the
law
of
nature
might
chuse
themselues
an
Emperour
,
not
from
the
Pope
of
Rome
himselfe
,
in
whose
power
it
is
not
to
giue
to
euery
prouince
a
King
or
an
Emperour
when
it
pleaseth
him
,
and
when
it
doth
not
please
him
.
Lastly
,
the
Articles
were
sealed
vp
with
this
Oath
.
That
the
Pope
himselfe
,
without
preiudice
to
his
seate
,
may
not
reuoke
the
Electorship
from
the
Duke
of
Bauaria
,
since
that
he
hath
confirmed
him
in
that
dignitie
;
nay
,
that
all
the
Prelates
of
the
Romish
Church
,
are
bound
with
force
of
Armes
to
maintaine
the
Duke
of
Bauaria
:
and
yet
more
,
that
all
those
that
are
of
the
Romish
Church
,
are
bound
to
bring
all
their
force
together
to
maintaine
the
same
.
So
that
the
Romish
Clergie
disdaining
the
prerogatiue
of
Kings
and
Princes
,
doth
very
boldly
determine
and
decide
these
controuersies
which
arise
in
the
Empire
,
and
threatneth
to
force
them
by
warre
who
are
not
content
with
the
Popes
sentence
;
How
ilsauourly
these
things
doe
sute
and
agree
with
Pope
and
Clergie
of
Rome
,
is
shewed
vnto
vs
in
that
famous
place
of
Peter
Damianus
,
who
liued
in
the
yeare
1060
,
his
words
in
his
Letter
vnto
the
Bishop
Firminus
are
these
.
Like
as
the
Sonne
of
God
himselfe
did
ouercome
all
the
obstacles
of
this
raging
world
,
not
by
any
proofe
of
vengeance
,
but
by
constant
patience
,
and
inuinceable
Maiestie
:
so
sitteth
it
best
that
we
rather
suffer
,
and
patiently
endure
the
worlds
raging
with
humilitie
:
then
either
by
taking
Armes
in
hand
,
or
requiting
wounds
with
wounds
:
especiall
since
that
betweene
the
Empire
and
the
Priest-hood
,
the
offices
are
seuerall
;
The
King
shall
vse
the
temporall
Armes
,
the
Priest
shall
put
on
a
spirituall
sword
,
which
is
the
word
of
God
;
Paul
saith
of
the
princes
of
this
world
,
that
he
beareth
not
the
sword
in
vaine
,
being
a
Minister
of
God
,
and
his
reuenger
in
wrath
,
vpon
him
that
doth
euill
.
King
Azarias
,
because
he
tooke
vpon
him
the
Priests
office
,
was
stricken
with
Leprosie
:
so
that
Priests
which
shall
take
vp
Armes
,
(
which
is
the
worke
of
the
Laitie
)
what
deserueth
he
?
If
now
any
man
would
obiect
,
that
Pope
Leo
oftentimes
thrust
himselfe
into
warres
,
and
yet
for
all
that
was
a
iust
Pope
:
I
tell
you
mine
opinion
.
Peter
neuer
obtained
the
Apostle-ship
because
he
forsooke
his
Master
;
Nor
Dauid
the
gift
of
prophesing
,
because
he
defiled
anothers
mans
bed
.
Here
is
not
to
be
considered
of
good
and
euill
things
according
to
the
desert
of
the
possessors
,
but
they
are
to
be
iudged
according
to
their
owne
qualities
.
Doe
we
reade
any
where
that
Pope
Gregory
,
who
endured
so
many
roberies
and
pillages
of
the
Longebeards
,
either
did
or
wrot
the
like
;
Doe
we
reade
any
where
,
that
any
of
the
holy
and
worthy
Popes
did
euer
take
vp
Armes
to
make
a
warre
:
no
neuer
in
no
place
;
grant
then
that
the
Lawes
of
the
ciuill
Magistrate
may
narrowly
fift
,
pry
,
and
determine
any
certaine
question
which
ariseth
in
the
Church
:
or
else
determine
and
iudge
of
that
which
concernes
not
the
Iudgement
seate
of
the
ciuill
Magistrate
,
by
an
Edict
of
the
Councell
,
or
an
assembly
of
Diuines
:
to
the
end
that
either
by
the
iudgement
of
the
Magistrate
,
or
the
Iudicate
of
the
Pope
,
there
arise
no
warre
which
might
be
accounted
to
our
shame
.
The
Clergie
men
of
Rome
are
altogether
of
another
oppinion
,
practising
and
endeauouring
almost
nothing
else
but
warre
,
not
onely
with
their
Armes
,
but
also
threatening
others
,
and
whilst
they
are
doing
this
,
they
are
not
ashamed
to
affirme
,
that
they
are
bound
thereunto
by
the
Lawes
of
God
;
Let
them
obserue
what
Christ
commanded
the
Apostle
Peter
,
to
put
vp
the
sword
into
the
sheath
.
Where
hath
euer
God
commanded
the
Clergie
,
that
they
should
intermeddle
in
matters
of
temporall
dignities
,
or
should
vndertake
warres
:
much
lesse
that
they
should
blow
the
Trumpet
,
or
beate
Allarmes
as
they
do
now
.
(
haue
I
the
desire
of
Dominion
their
God
)
Obserue
diligently
I
pray
you
,
that
bloody
Oath
intended
by
all
the
Prelates
,
to
the
end
the
fashion
of
the
ancient
and
holy
Church
might
be
maintained
intire
,
like
as
if
the
fashion
of
their
Church
now
were
,
as
it
was
wont
to
be
in
former
times
;
Let
vs
reade
that
which
Tertullian
,
Ambrose
,
Augustine
,
and
other
Writers
,
who
subiect
the
Clergie
vnder
the
power
of
the
Temporall
;
Pope
Gregorius
Magnus
,
writeth
himselfe
vnto
the
Emperour
Mauritius
these
words
:
I
the
vnworthy
seruant
of
your
pietie
:
and
a
little
after
he
saith
yet
farther
,
To
this
end
authoritie
is
giuen
to
me
from
heauen
aboue
all
men
,
that
belong
to
my
Lords
the
Emperours
for
pietie
cause
;
When
as
the
said
Mauritius
,
would
haue
that
Pope
Gregory
should
publish
a
law
which
he
had
made
:
and
this
Pope
adiudging
the
same
to
be
vnreasonable
,
and
opposing
the
liberty
of
the
Church
:
he
therefore
did
not
blaspheme
against
the
Empire
,
but
was
obedient
vnto
the
command
of
the
Emperour
his
Master
,
not
dissembling
to
speak
his
minde
and
opinion
of
the
Emperours
Law
:
these
are
the
Popes
owne
wordes
:
I
being
subiect
to
authoritie
,
haue
sent
these
Lawes
into
seuerall
quarters
of
the
world
,
and
because
they
are
not
agreeable
to
almightie
God
,
I
haue
communicated
the
same
vnto
the
Illustrouse
Lords
,
by
amissiue
of
my
owne
oppinion
,
so
that
I
haue
fully
discharged
my
dutie
on
both
sides
:
shewing
as
I
am
bound
obedience
to
the
Emperour
:
and
not
concealing
my
opinion
in
that
which
concerneth
God
.
Here
ought
we
to
obserue
,
how
cunningly
and
craftily
the
Colledge
of
Cardinalls
obserue
and
aime
at
the
example
of
the
ancient
holy
Church
,
chiefly
in
the
time
of
Pope
Gregory
the
7
:
vnder
which
this
lurketh
,
that
this
Pope
Gregory
was
the
very
first
who
durst
ascribe
&
take
vnto
himselfe
the
right
of
the
Empire
;
At
what
time
(
I
pray
you
)
liued
this
Pope
?
about
the
yeare
1100.
is
the
antiquitie
whereof
they
boast
;
I
may
affirme
with
Tertullian
,
that
this
is
noueltie
;
what
holinesse
was
there
in
those
dayes
,
when
all
maner
of
fractious
,
cussennings
,
frauds
,
deceites
,
and
villanies
had
their
full
swinge
:
and
to
write
much
thereof
would
be
to
dangerous
,
and
be
no
honour
to
Christendome
;
Like
as
the
Writer
of
those
times
affirmeth
in
the
dayes
of
the
Emperor
Henry
the
4.
It
is
very
well
knowne
vnto
all
men
,
what
Cardinall
Benno
hath
written
and
translated
of
that
Pope
:
(
although
Cardinall
Bellarmine
iudgeth
that
the
same
was
wrtten
by
a
Lutheran
;
)
In
like
manner
,
it
is
also
but
to
well
knowne
by
other
Writers
,
who
haue
painted
out
in
liuely
colours
this
Pope
Gregory
euen
to
the
life
.
A
certaine
man
named
Orthamus
Gracious
,
very
much
adicted
to
the
Romish
Church
,
was
the
first
publisher
thereof
in
a
booke
,
wherein
are
contained
very
many
remarkeable
obseruations
:
out
of
the
actions
of
this
Pope
Gregory
,
the
Colledge
of
Cardinals
,
in
the
19.
Articles
do
conclude
the
Popes
authoritie
,
and
not
out
of
these
actiones
onely
,
but
also
of
other
Popes
who
haue
delt
most
tirannically
with
the
Empire
.
One
could
also
hit
the
Cardinalls
in
the
teeth
,
with
that
which
Cardinall
Bellarmine
in
his
second
Booke
of
the
Popes
of
Rome
saith
,
in
the
29.
Chap.
vpon
the
4.
Argument
,
viz.
That
the
Christian
Emperours
haue
oftentimes
beene
Iudges
of
the
Popes
:
whereunto
very
subtilly
he
inferreth
or
answereth
;
That
these
things
haue
beene
done
,
but
how
well
they
haue
done
the
same
,
and
by
what
right
,
that
they
themselues
shall
answer
.
It
is
indeed
much
to
be
wondred
at
,
that
the
Clergie
men
are
grown
to
that
passe
,
that
they
so
stoutly
attempt
that
which
all
the
world
hath
in
abomination
,
and
with
such
polluted
hands
to
lay
hold
vpon
the
most
famous
state
of
the
Empire
.
We
obserue
also
how
shamelesse
the
Colledge
of
Cardinalls
are
,
willing
that
we
(
from
the
euill
liues
and
wicked
actions
of
deceased
Popes
)
should
conclude
how
great
the
authoritie
of
the
Pope
is
:
at
least
they
neede
not
to
be
so
contumelious
,
and
arrogant
against
those
Emperours
,
which
in
former
times
the
Popes
haue
acknowledged
to
be
themselues
seruants
of
the
Emperours
;
The
Pope
also
ought
to
haue
in
consideration
that
he
by
meanes
of
the
Empire
hath
obtained
so
great
riches
,
and
now
by
the
greatnesse
of
his
power
,
and
all
maner
of
sensuallities
,
blindeth
the
eyes
of
many
temporall
princes
.
How
blind
are
the
men
of
this
age
,
when
the
Sunne
shineth
so
bright
,
how
little
do
they
know
or
think
what
will
fall
out
in
the
end
;
he
hath
got
so
great
treasures
from
those
of
the
Empire
,
to
the
end
that
he
wanting
nothing
,
might
giue
the
better
luster
vnto
his
religion
:
now
abuseth
he
these
gifts
,
by
driuing
the
Empire
into
a
great
feare
.
He
is
enriched
with
earthly
countries
,
to
the
end
he
should
enrich
vs
with
the
heauenly
,
and
now
they
serue
him
to
take
away
our
earthly
;
He
is
enriched
,
to
the
end
that
by
his
religious
care
,
we
might
liue
in
greater
securitie
in
the
Empire
:
now
he
careth
not
for
that
,
although
there
be
trouble
raised
in
the
Empire
,
so
he
may
liue
brauely
and
laciuiously
;
This
is
the
reward
of
peruerted
liberalty
:
so
that
for
many
ages
it
hath
been
very
truely
said
:
Religion
brought
forth
riches
,
and
the
Daughter
hath
deuoured
the
Mother
.
You
props
and
pillers
of
the
Empire
,
(
most
Illustrious
Emperour
,
Princes
Electors
,
Princes
,
and
States
)
tollerate
no
longer
this
triumph
and
pride
of
the
Romish
Clergie
:
you
see
how
boldly
they
violate
the
lawes
of
the
Empire
,
they
limite
your
established
law
,
and
preferre
vnto
you
that
which
they
do
but
thinke
and
inuent
:
leauing
vnto
you
the
bare
name
of
the
empire
,
but
haue
drawne
the
maiestie
thereof
long
agoe
to
themselues
.
What
will
this
worke
in
the
end
,
if
you
be
content
any
longer
with
patience
to
behold
or
looke
vpon
the
same
,
neuer
thinke
that
they
will
omit
to
increase
theirs
,
and
decrease
yours
;
You
haue
heard
how
they
threaten
you
,
and
what
they
intend
as
enemies
to
prosecute
:
and
you
know
that
the
abominable
deeds
which
the
Popes
haue
performed
against
the
Emperours
,
doe
serue
them
now
for
very
faire
examples
.
Since
then
it
is
not
yet
to
late
,
take
councell
prouidently
,
that
the
Romish
Cardinalls
in
the
end
may
be
glad
to
leaue
their
affronts
,
and
their
proud
courage
may
quaile
,
vndertake
firme
and
substantiall
courses
,
that
their
dissolute
and
insolent
desire
of
dominion
may
be
restrained
and
bridled
:
then
shall
the
Maiestie
of
the
empire
be
preserued
:
whereunto
Almighty
God
giue
you
his
blessing
in
all
your
consultations
.
from
whom
you
haue
receiued
the
possession
and
gouernment
of
the
Empire
.
FINIS
: